Section 46 in West Bengal Town and Country (Planning and Development) Act, 1979
46. Permission for development.
(1)Any person or body (excluding a department of the Central or the State Government or any local authority) intending to [carrying out any development or township project on any land] [Substituted by Section 4 of the West Bengal Town and Country (Planning and Development) (Amendment) Act, 2008 (West Bengal Act No. 10 of 2008) for carrying out any development on any land.] shall make an application in writing to the Planning Authority or Development Authority for permission in such form and containing such particulars and accompanied by such documents and plans as may be prescribed.(2)On such application having been duly made, and on payment of the development charge as may be assessed under Chapter IX. -(a)the Planning Authority or the Development Authority may pass an order, -(i)granting permission unconditionally; or(ii)granting permission subject to such conditions as it may think fit; or(iii)refusing permission,(b)without prejudice to the generality of clause (a) of this sub-section the concerned authority may impose conditions(i)to the effect that the permission granted is only for a limited period and that after the expiry of that period, the land shall be restored to its previous condition or the use of the land permitted shall be discontinued;(ii)for regulating the development or use of arty other land under the control of the applicant or for the carrying out of works on any such land as may appear to the authority expedient for the purpose of the permitted development.(3)(i)The concerned authority in dealing with the applications for permission shall have regard to -(a)the provisions of the [Land Use and Development Control Plan,] [Substituted by Section 6(a)(i) of the West Bengal Town and Country (Planning and Development) (Amendment) Act, 1994 (West Bengal Act 26 of 1994) for development plan.] if it has come into operation; and(b)[ the regulations, if any, made under section 139 and applicable to the land on which the development is intended to be carried out, the building rules, if any, of a Panchayat or a Municipality in so far as they are not inconsistent with the regulations as aforesaid and are applicable to such land, the provisions of Land Use and Development Control Plan as forwarded to the State Government under section 31 or as modified thereafter, and any other material consideration. [Sub-clause (b) Substituted by Section 6(a)(ii), ibid which read as under : (b) any other material consideration.]Explanation. -"Panchayat" has the same meaning as in clause (d) of Article 243, and "Municipality" has the same meaning as in clause (e) of Article 243P, of the Constitution of India.](ii)The provision of sub-section (1) shall not apply to applications under sub-section (5).(4)When permission is granted subject to conditions or is refused, the grounds of imposing such conditions or such refusal shall be recorded n the order and the order shall be communicated to the applicant.(5)In the case of a department of the Central or the State Government or any local authority (where the local authority is not also the Development Authority) intending to carry out any development other than operational constructions (which shall always be outside the purview of the Planning or Development Authority), on any land, the concerned department or authority, as the case may be, shall notify in writing to the Development Authority of its intention to do so, giving full particulars thereof and accompanied by such documents and plans as may be directed by the State Government from time to time, at least, one month prior to the undertaking of such development.(6)Where the concerned authority raises any objection in respect of the conformity of the proposed development either to any [Land Use and Development Control Plan] [Substituted by Section 6(6), ibid for development plan.] under preparation, or to any of the building bye-laws in force at the time, or due to any other material consideration under sub-section (7), the department or the authority, as the case may be, shall -(a)either make necessary modifications in the proposals for development to meet the objections, or(b)submit the proposals for development together with the objections raised by the concerned authority to the State Government for decision. When proposals and objections have been submitted, no development shall be undertaken until the State Government has finally decided on the matter.(7)The State Government on receipt of the proposals for development together with the objections of the concerned authority, shall either approve the proposals with or without modifications or direct the concerned authority to make such modifications in the proposals as it considers necessary in the circumstances.
